GENERAL TERMS AND CONDITIONS OF SALE: DEDICATED SERVER / PRIVATE SERVER / CLOUD COMPUTING
1: DEFINITIONS
By clicking the "Order" button at the bottom of the subscription page, the user fully accepts the contract binding the new subscriber and HOSTEUR (owner of hosteur.com).
2: PURPOSE
The purpose of this contract is to define the terms and conditions under which HOSTEUR provides dedicated servers to its client.
All HOSTEUR offers are detailed at the following address: URL.
The order form displayed online forms an integral part of this contract.
Any online order of one or more HOSTEUR products implies acceptance of this contract.
This contract is subscribed for the duration corresponding to the purchased product.
It is automatically renewable.
Payment of the fee must be received by HOSTEUR before the end of the billing period (the invoice date being authoritative).
Any failure or delay in payment by the client automatically terminates this contract.
HOSTEUR reserves the right to terminate this contract at any time and without prior notice.
In the event of non-payment, violation of usage policies, or for any other reason at HOSTEUR’s discretion, HOSTEUR shall have the right, without notice and immediately, to suspend the client's account while refunding the unused balance of the payment.
In case of violation of service usage policies, the client’s account may be suspended without refund.
3: PRODUCTS
3.1 - Login Credentials
Following the online order and validation of payment, the client receives a username and password at the email address specified in the order form.
This identifier allows the client to administer the dedicated server via Merloz or SSH (depending on the chosen option: with or without Merloz).
3.2 - Content
The client has full freedom regarding the content hosted on their web space, provided it complies with the laws and regulations in force in France and in the client’s country of origin.
It is specifically prohibited to publish any content directly or indirectly related to:
- Pedophilia
- Xenophobia in any form
- Pirated programs (MP3, DivX, cracks, warez, etc.)
- Racist or insulting material
- Hosting peer-to-peer servers (eMule, eDonkey, uTorrent, BitTorrent, etc.) or spam servers (mass email sending)
HOSTEUR reserves the right, at any time and without notice, to take offline any dedicated server deemed non-compliant with Swiss law, international law, or netiquette.
No refund will be granted if your server is terminated due to illegal activity, and we reserve the right to provide all your information (address, email, IP, credit card, etc.) to the competent authorities.
4: CLIENT RESPONSIBILITY
The client agrees to provide accurate and truthful information when ordering their dedicated server.
The client must provide HOSTEUR with a valid phone number and email address.
The client must inform HOSTEUR of any changes regarding the information provided and shall be solely responsible for any malfunction resulting from incorrect information.
The client assumes full responsibility for any violation of intellectual or industrial property rights of third parties, public order, public morals, or any dispute relating to domain names purchased through HOSTEUR.
The client must maintain a valid email address and postal address.
The client agrees to register a valid payment method in their client area (credit card or bank details).
The client agrees not to attempt to access HOSTEUR’s computer systems illegally.
The client agrees to update and secure their server. If HOSTEUR must intervene on the machine to correct security issues or compromised scripts, a fee of €95 excluding VAT will be charged, covering removal of corrupted files and investigation of security breaches.
The client agrees to perform their own backups of files, databases, emails, or other data stored on our servers.
Under no circumstances shall HOSTEUR be held responsible for any data loss regardless of the reason invoked (client account hacking, accidental deletion by the client, corrupted backup, deletion due to non-payment after 10 days, etc.).
Even if a backup option has been subscribed to, in which case compensation equivalent to two months will be granted.
5: HOSTEUR RESPONSIBILITY
5.1 - Content
HOSTEUR does not exercise control over the content transmitted by the client, whether through their web space or through emails sent by them.
HOSTEUR shall not be held liable for any action or claim by third parties resulting from:
• Information, sounds, images, texts or multimedia documents contrary to current legislation distributed by the client.
• Violation of intellectual property rights relating to works hosted or distributed on the client’s web space.
5.2 - Accessibility
Due to the characteristics and limitations of the Internet, which the client acknowledges, HOSTEUR cannot be held responsible for access speeds from other sites worldwide or for slowdowns or access difficulties to the client's dedicated server.
HOSTEUR cannot be held responsible for the non-delivery of emails or forum messages due to Internet limitations.
HOSTEUR reserves the right to temporarily interrupt access to its services for maintenance or improvements without compensation.
However, HOSTEUR undertakes to use all available means to minimize such interruptions.
HOSTEUR reserves the right to change the client’s machine to improve service by providing better hardware. The client agrees not to hold HOSTEUR responsible for data loss or downtime during or after the transfer and must perform backups beforehand.
5.3 - Security
HOSTEUR cannot be held responsible for malicious intrusions into the client’s web space or for hacking of the client’s email accounts despite all security measures implemented.
5.4 - Disclaimer of Warranties
HOSTEUR services are provided on an availability basis.
HOSTEUR specifically disclaims any other warranty including merchantability or fitness for a particular purpose.
HOSTEUR shall in no event be liable for consequential, indirect, special, or incidental damages.
Even if HOSTEUR has been informed by the client of the possibility of such damages.
If the HOSTEUR service is disrupted for any reason, HOSTEUR shall not be responsible for loss of income resulting from service interruption.
5.5 - Force Majeure
HOSTEUR shall not be liable for delays or non-performance resulting from force majeure events recognized by case law.
Force majeure suspends contractual obligations during its duration.
If such an event lasts more than 30 consecutive days, either party may terminate the contract eight days after sending a registered letter notifying this decision.
5.6 - Indemnification
The client agrees to defend, indemnify and hold harmless the provider against any loss, damage or claim related to the use of the services provided under this agreement.
The price of the service is fixed for 12 months from the first invoice date of the machine.
The client agrees not to request compensation in case of price changes during the 12-month period. After 12 months, the new price will apply.
5.7 - Conditions of Use
Regardless of the dedicated server, constant usage exceeding 5 Mbits/s (more than 2 hours per day) will require a contract revision. The client must move to a TRANSIT / STREAMING contract and bandwidth will be billed at €20 excluding VAT per Mbit/s.
HOSTEUR reserves the right to limit a server to 5 Mbits/s if it constantly consumes more than 10 Mbits/s.
The 100 Mbit/s or 1000 Mbit/s connection corresponds to the burst capability of the network card and is not guaranteed.
The HOSTEUR SSH key must not be removed from the server.
HOSTEUR prohibits Chia cryptocurrency mining across all its platforms.
HOSTEUR reserves the right to block any server violating these conditions.
Any fraudulent use (Peer-to-Peer, Warez, Camfrog, IRC) will immediately lead to suspension and resale of the server without compensation or refund.
HOSTEUR does not accept hosting of adult / pornographic websites on its platforms.
6: TERMINATION, REFUND, WITHDRAWAL, CONTRACT DURATION
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day of subscription.
To exercise the right of withdrawal, you must notify us of your decision by means of an unambiguous statement (for example, a letter sent by post, fax, or email).
If you withdraw from this contract, we will reimburse all payments received from you.
Any failure or delay in payment automatically terminates the contract and results in immediate suspension of the server without possibility of recovering the data stored on it unless the outstanding balance is paid.
7: PRICES
The prices of services are those mentioned on the order form.
They include all taxes and are payable in advance in euros for monthly, quarterly, or yearly periods.
HOSTEUR may modify its prices at any time without prior notice.
The price of prepaid services is guaranteed for the corresponding period.
HOSTEUR reserves the right to immediately apply any new taxes or increases in existing taxes.
8: TEMPORARY SITE CLOSURE
In case of excessive connections (site flooding), HOSTEUR reserves the right to shut down the site or dedicated server without prior notice in order not to penalize other clients.
In case of excessive CPU (+10%) or RAM (+8%) usage, HOSTEUR reserves the right to suspend the site immediately and then notify the client to optimize the site.
If bandwidth consumption becomes excessive, HOSTEUR reserves the right to suspend the site.
Spam or hacking attempts will be reported to the competent authorities.
Any payment cancellation or dispute regarding our renewal policy may result in immediate and permanent closure of the account and all associated services.
9: DEFAMATION
Any defamation against HOSTEUR will result in the immediate termination of all contracts and products subscribed by the client.
Termination of services will result in reimbursement proportional to the time already used.
The client will have one month to transfer all domains and services to another provider.
10: DISPUTES
In case of dispute, only the Commercial Court of Fribourg (Switzerland) shall have jurisdiction, whether the client is a professional or an individual.
Any attempt to conceal or falsify the geographical location of the client, notably through the use of VPNs, proxies, or any other method intended to appear as a client located in another country, constitutes a violation of these Terms and Conditions.
In such a situation, Hosteur reserves the right to immediately terminate all contracts and services subscribed by the client without notice or compensation.
The client account may also be suspended or permanently closed.
No refund or compensation will be granted for ongoing or already paid services.
